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FMLA 50-employee threshold overcome by equitable estoppel
April 19, 2006 by Ross Runkel at LawMemo
Can an employee overcome the FMLA 50-employee threshold by using the doctrine of equitable estoppel? Minard v. ITC Deltacom (5th Cir 04/18/2006) says yes.
Family Medical Leave Act applies only when the employer has 50 or more employees.
Minard claimed that the employer told her she was eligible for FMLA leave, and therefore the employer should not be allowed to assert that the 50-employee threshold has not been met.
The 5th Circuit agreed, saying:
an employer who without intent to deceive makes a definite but erroneous representation to his employee that she is an “eligible employee” and entitled to leave under FMLA, and has reason to believe that the employee will rely upon it, may be estopped to assert a defense of non-coverage, if the employee reasonably relies on that representation and takes action thereon to her detriment.
The court remanded for findings on whether Minard actually relied.
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Editor: Ross Runkel, Professor of Law Emeritus. email Ross@LawMemo.Com, Phone 503-399-8028. Copyright LawMemo, Inc.
